Conveyancing & Property law
Whether you are buying property for the first time, building an investment portfolio, or selling the family home, a conveyancing transaction can be confusing and overwhelming. Property concerns a sizeable investment so it is important to be guided by experts so you can make informed decisions.
We are experienced conveyancing and property lawyers and can help take some of the stress out of your next conveyancing transaction. We also provide a range of other property related services and have assisted many clients in this complex area of law.
Buying residential property
You should always obtain legal advice before signing a contract to buy property. You should know exactly what you are purchasing and understand your obligations and rights under the contract.
The contract for sale of land should include the legal description of the property and details of anything required by law to be disclosed, such as encumbrances registered on the property’s title (mortgages, easements, covenants). You should check that the property can be used for its intended purpose and whether there are any issues that are not obvious from reviewing the contract. In most cases we recommend ordering building and pest inspection reports from a qualified inspector. These reports comment on the condition of any structures on the property, identify significant defects, highlight issues to factor into your plans, and may even be used to negotiate a reduction in purchase price.
Once you are happy to move forward with your purchase, we will carry out a range of tasks to ensure you receive clear title to the property on settlement, that your rights under the contract are protected, and that completion of your purchase proceeds as smoothly as possible.
Selling residential property
When you are selling property, your role is usually a little less intense than that of a buyer. However, having legal advice from an experienced lawyer will still make the process a lot smoother.
Commercial and retail leasing
A commercial lease governs the relationship between a landlord and tenant regarding the tenant’s right to occupy the landlord’s premises to run its business operations.
If the premises is defined as ‘retail’, the lease will be governed by specific legislation aimed to enhance consumer protection for tenants by promoting transparency and fairness in the retail leasing industry. These laws set out specific requirements when negotiating lease agreements and prohibit certain terms deemed unreasonable from being included in a lease. Landlords also have specific disclosure obligations to the tenant when negotiating a retail lease and preparing the lease documents.
Although often considered one of the more routine legal tasks, conveyancing involves an intricate knowledge of property law and a comprehensive understanding of the processes involved to transfer clear title from one party to another. Our experienced team has assisted numerous clients with a range of conveyancing and other property related matters.
If you or someone you know would like more information, needs help or advice, please contact Gina Hagan on 07 5576 6009 or 0426 288 899 or email [email protected]